North Carolina Court of Appeals

The plaintiff and defendant were married in 1998 but entered into a separation agreement in 2007. They were living together, and were discussing work that needed to be done around the house when the defendant-husband requested that the plaintiff-wife look down at the door sweep. The wife bent down to look and subsequently could not recall anything that took place until she woke up around 3:00 am and found herself in bed with a “terrible headache” and extreme nausea.

The plaintiff and defendant were engaged and had one child. The trial court entered a protective order due to plaintiff’s allegation that defendant hit her during a visitation exchange. The plaintiff had a visitation exchange of infant son with defendant at plaintiff’s parents’ house. The plaintiff’s father carried their infant son towards his house. The defendant allegedly punched and kicked the plaintiff’s father.